DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intertek Management Services (Australia) Pty Ltd T/A Intertek CQIS
(AG2020/2548)

CENTRAL QUEENSLAND INSPECTION SERVICES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 26 OCTOBER 2020

Application for approval of the Central Queensland Inspection Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Central Queensland Inspection Services Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Intertek Management Services (Australia) Pty Ltd T/A Intertek CQIS (the Employer).

[2] The agreement is a single enterprise agreement.

[3] I wrote to the parties outlining particular concerns with the Agreement and requesting undertakings and responses from the Employer. The Employer has provided written undertakings. These undertakings were provided to the employee bargaining representatives for the Agreement for their consideration, and no objections were raised to the undertakings.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s. 190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement. Copies of the undertakings are attached to the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 26 October 2020 and, in accordance with s.54, will operate from 2 November 2020. The nominal expiry date of the Agreement is 26 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intertek Management Services (Australia) Pty Ltd, trading as Intertek CQIS, applied to the Fair Work Commission for approval of the Central Queensland Inspection Services Enterprise Agreement 2020. The application came before the Commission to determine whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement contained the mandated minimum terms and conditions, and whether it was made in good faith and without coercion. Additionally, the Commission needed to ascertain whether the agreement had been properly certified by the relevant employee representatives and whether it met the criteria for a single-enterprise agreement.

The Fair Work Commission found that the agreement contained all the necessary minimum terms and conditions and was made in good faith and without coercion. The Commission was satisfied that the agreement had been certified by the appropriate employee representatives and that it was a single-enterprise agreement. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Central Queensland Inspection Services Enterprise Agreement 2020, finding that it satisfied all legislative requirements under the Fair Work Act 2009. The approval is effective from the date of the decision, and both parties are bound by the terms of the agreement.

Intertek Management Services (Australia) Pty Ltd T/A Intertek CQIS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established